Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

emulatorloo

(46,135 posts)
Sat Jan 11, 2025, 02:28 PM Jan 2025

THE OPPORTUNITY COSTS OF CONSPIRACY THEORIES ABOUT MERRICK GARLAND

Worth reading the whole piece, although I know it contradicts DU conventional wisdom.

https://www.emptywheel.net/2024/12/30/the-opportunity-costs-of-conspiracy-theories-about-merrick-garland/

THE OPPORTUNITY COSTS OF CONSPIRACY THEORIES ABOUT MERRICK GARLAND

You have a choice.

You can spend the next few weeks laying the groundwork for making a big stink about the fact that the aspiring FBI Director tried to help Trump steal classified documents.

Or you can spend it clinging to false claims about Merrick Garland so you can blame him for the fact that Trump won reelection rather than blaming the guy directly responsible for preventing a trial (and the guy who’ll remain responsible for Trump’s license going forward), John Roberts, to say nothing of the failed Democratic consultants and voters themselves.

Sadly, Democrats and lefties — from random people on Bluesky to TV lawyers to the President himself — are choosing the latter path, the path that will guarantee they remain maximally ineffective.

They’re rolling out all the tired false claims: Merrick Garland waited before investigating people close to Trump, they claim. According to NYT, Garland approved an effort to follow the money in his first meeting with prosecutors — an effort that turned out to be a dry hole, but nevertheless was precisely the approach that people like Sheldon Whitehouse and Andrew Weissmann demanded.



She lays out a very good argument about Roberts making Trump above the law. Much more at link…
58 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
THE OPPORTUNITY COSTS OF CONSPIRACY THEORIES ABOUT MERRICK GARLAND (Original Post) emulatorloo Jan 2025 OP
No one can do a thing about Roberts. Garland is Biden's employee. dalton99a Jan 2025 #1
Non-sequitur n/t emulatorloo Jan 2025 #21
Merrick Garland made an excellent scapegoat for some. MineralMan Jan 2025 #2
Ha! right. Think. Again. Jan 2025 #4
And how many were convicted or pleaded guilty and received sentences? MineralMan Jan 2025 #6
People are arrested and "held on suspicion pending trial" every day. Think. Again. Jan 2025 #8
Whatever you say, I suppose. MineralMan Jan 2025 #9
The fact they were allowed to just leave says it all. Think. Again. Jan 2025 #10
Not really. There was no force available to arrest people MineralMan Jan 2025 #11
Exactly my point... Think. Again. Jan 2025 #13
Blame Trump for the lack of action. MineralMan Jan 2025 #16
Yes, and he should have been taken into custody for it at 12:01, Jan. 20, 2021. Think. Again. Jan 2025 #17
You are well aware that such is not the operational procedure of our justice system. Oopsie Daisy Jan 2025 #35
Arresting suspected criminals isn't what law enforcement does? Think. Again. Jan 2025 #36
Such an interpretation is overly simplistic and does not accurately reflect the complexities of real-world scenarios. Oopsie Daisy Jan 2025 #37
Our justice system is supposed to be blind to all that. Think. Again. Jan 2025 #39
I base my perspectives on the realities of the world we live in, rather than on fictional or idealized constructs. Oopsie Daisy Jan 2025 #40
I base my perspectives on the Constitution. Think. Again. Jan 2025 #41
Could you please specify which section of the U.S. Constitution you are referring to? Oopsie Daisy Jan 2025 #42
All of it. Think. Again. Jan 2025 #43
LOL Oopsie Daisy Jan 2025 #44
I'm sorry you find that funny.... Think. Again. Jan 2025 #45
I'm sorry that I didn't receive a straight answer indicating any level of understanding. Oopsie Daisy Jan 2025 #46
Wow, all that had nothing to do with whether... Think. Again. Jan 2025 #47
LOL (again) 😂🤪🤣🙄 Oopsie Daisy Jan 2025 #49
But post 17 is out of context in this reply... Think. Again. Jan 2025 #50
Nice try. No cigar. Oopsie Daisy Jan 2025 #52
Thanks anyway, but I don't smoke Think. Again. Jan 2025 #53
Sure. Oopsie Daisy Jan 2025 #54
Many good points. FWIW, Republicans thought they would never hold power again in the FDR years. emulatorloo Jan 2025 #22
McCONnell ensured Leo's picks. Clouds Passing Jan 2025 #29
Garlands mistake was dragging his feet. Happy Hoosier Jan 2025 #32
Is this article trying to say that only garland OR roberts could be corrupt? Think. Again. Jan 2025 #3
I think some of it is anti-Semitism. Probably started by the RW CT from when Obama nominated him. LeftInTX Jan 2025 #5
Marci Wheeler should just quit digging when she is in a hole. gab13by13 Jan 2025 #7
Some people just can't admit they have been dead wrong JanMichael Jan 2025 #12
The fact is that he ran out the clock on trump. But yeah blame DU and anyone else. Autumn Jan 2025 #14
If you had read past the first paragraph,she makes a thorough argument, dismantling the NYT article point by point. emulatorloo Jan 2025 #20
I read the first "paragraph", that was more than enough for me to form an opinion on Autumn Jan 2025 #24
Here. Enjoy this, send it to your friends. Timing was everything. Fuck Garland Autumn Jan 2025 #25
My major problem with him is that after Robert's decision dsc Jan 2025 #15
Where was the investigation of kacekwl Jan 2025 #18
See speech and debate clause. emulatorloo Jan 2025 #19
You cannot be serious dpibel Jan 2025 #55
Where was Merrick the Meek and the DOJ ? republianmushroom Jan 2025 #23
Hats off to those that can still defend Garland. That is some real loyalty. LexVegas Jan 2025 #26
Our DOJ is the most powerful investigative agency in the world. gab13by13 Jan 2025 #27
Assuming Garland had acted sooner, would the outcome really have been different? Ocelot II Jan 2025 #28
If the trump prosecutions had started in a timely manner... Think. Again. Jan 2025 #30
Maybe. But he actually was a 34x convicted felon at the time of the election, Ocelot II Jan 2025 #34
recommended for the reality-based community. bigtree Jan 2025 #31
'follow the money turned out to be a dry hole' travelingthrulife Jan 2025 #33
I have had enough of her arrogant bullshit. She has no special expertise, no contacts at DOJ, no relevant experience thebigidea Jan 2025 #38
It's the holes in the Swiss cheese lining up Blue_Tires Jan 2025 #48
What a heaping pile of .... NoRethugFriends Jan 2025 #51
Oh, look. It's Saint Marcy Emptywheel, patron of Merrick Garland and friends. Scrivener7 Jan 2025 #56
This message was self-deleted by its author Celerity Jan 2025 #57
I've been pleasantly impressed with Wheeler Blue_Tires Jan 2025 #58

MineralMan

(150,469 posts)
2. Merrick Garland made an excellent scapegoat for some.
Sat Jan 11, 2025, 02:44 PM
Jan 2025

He didn't put Trump in prison, so it must have been some sort of conspiracy. That's the logic or illogic in use by some.

Meanwhile, we got a nasty majority in the SCOTUS, which threw a huge monkey wrench into the works. Trump did that, not Garland.

It's incredibly difficult to prosecute a POTUS, as we've all seen. We never had to do that before, and there wasn't a clear path to it. So, it didn't happen in time to prevent him from running again. And then, he won that office again...in part due to some of us shifting our blame from one place to another and losing sight of the real target.

So, now, we're facing some rocky roads ahead. Very rocky. And, if things go as they usually do, we'll keep making the mistake of blaming the wrong people for that, too.

We run the risk of never getting control of government again. The primary blame is on Trump and his enablers. But, there's plenty of blame to go around. A mirror would also be useful in spotting potential blamees, I think.

 

Think. Again.

(22,456 posts)
4. Ha! right.
Sat Jan 11, 2025, 02:58 PM
Jan 2025

If I recall correctly, a televised, armed coup was attempted in front of the entire world to watch, and garland's doj didn't immediately clamp down on every single person involved.

There really isn't any more to it.

MineralMan

(150,469 posts)
6. And how many were convicted or pleaded guilty and received sentences?
Sat Jan 11, 2025, 03:16 PM
Jan 2025

None of it is magical. Every perpetrator has the right to a trial and must be indicted by a grand jury. That's the law.

You want shortcuts because, well, you think that's a good thing. Think again, please. Harder and longer this time.

MineralMan

(150,469 posts)
9. Whatever you say, I suppose.
Sat Jan 11, 2025, 03:27 PM
Jan 2025

Everyone left after the insurrection. They had to be identified and charged before they could be arrested, since they were not caught in the act.

And they were. Most were identified from videos and photos by people who actually knew them. There was an easy way to report something like that, and such reports were followed up.

You try to make it all sound very simple, but it never was simple at all.

And then there were the main perpetrators. Before they could be charged, evidence had to be collected and plans made for charging and prosecution. That takes longer. And, in the case of a POTUS, much longer.

You're not an expert on such things. Neither am I. However I know how complicated they can be and how much time is needed to do the job. And, it was done. Not to your satisfaction, of course. Frankly, I doubt you could ever be satisfied - assuming you are actually speaking your mind and not doing some sort of obfuscation.

MineralMan

(150,469 posts)
11. Not really. There was no force available to arrest people
Sat Jan 11, 2025, 03:37 PM
Jan 2025

at that time. Not in those numbers. The insurrectionists simply walked away. Maybe you don't remember the situation very well. I do.

There were not enough law enforcement people on the scene to arrest all of those people. They had to be identified and tracked down later. And that was done - quite well, in fact.

Many of the things you are saying are simply not accurate. Now, I don't know why that is, but they aren't. Once it was clear that forces were showing up to put an end to the insurrection, people simply left the area right away. I watched that happen. They were there, and suddenly they weren't. Donald J. Trump was largely responsible for there being too few law enforcement people on scene. That was deliberate. However, proving that is not as simple as saying it.

So, if you're going to say things that aren't so, I'm going to point those things out. Yes, I am.

 

Think. Again.

(22,456 posts)
13. Exactly my point...
Sat Jan 11, 2025, 03:59 PM
Jan 2025

Hours went by with the world watching it happen on tv, and nothing was done to stop them. For hours.

I'm sorry, but I can't join you in shrugging our shoulders and pretending the best possible courses of action were taken.

Oopsie Daisy

(6,670 posts)
37. Such an interpretation is overly simplistic and does not accurately reflect the complexities of real-world scenarios.
Tue Jan 14, 2025, 11:15 AM
Jan 2025

Oopsie Daisy

(6,670 posts)
40. I base my perspectives on the realities of the world we live in, rather than on fictional or idealized constructs.
Tue Jan 14, 2025, 12:28 PM
Jan 2025

Oopsie Daisy

(6,670 posts)
46. I'm sorry that I didn't receive a straight answer indicating any level of understanding.
Tue Jan 14, 2025, 02:43 PM
Jan 2025

The U.S. Constitution does not specify a specific timeframe within which a suspected individual must be charged or arrested. However, the Sixth Amendment does guarantee the right to a speedy trial once a person is formally charged with a crime. This right ensures that undue delays in the legal process do not infringe upon the rights of the accused.

So, while the Constitution does not provide a specific timeline for charging and arresting suspects, various laws and legal procedures at the state and federal levels dictate the appropriate timeframes for these actions. These timelines can vary depending on the jurisdiction and the nature of the crime involved.

Now... the U.S. Constitution (specifically in the Fifth Amendment) provides guidance regarding the convening of a grand jury. The relevant section states:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury..."


While the Constitution mandates the use of a grand jury for serious federal crimes, it does not specify a particular timeframe within which a grand jury must be empaneled or how quickly they must render a decision. The process of empaneling a grand jury and reaching a decision varies depending on the nature of the case, the jurisdiction, and other factors.

Guidelines regarding the timing of grand jury proceedings are typically outlined in federal and state laws, court rules, and legal precedents rather than directly in the U.S. Constitution.

A flippant and dismissive non-answer like "all of it" fails to demonstrate even a cursory understanding of the US Constitution and applicable federal laws. (Very amusing, eh?)
 

Think. Again.

(22,456 posts)
47. Wow, all that had nothing to do with whether...
Tue Jan 14, 2025, 02:54 PM
Jan 2025

...we arrest suspects equally under the law.

Weird.

Oopsie Daisy

(6,670 posts)
49. LOL (again) 😂🤪🤣🙄
Tue Jan 14, 2025, 03:30 PM
Jan 2025

There's nothing "weird" about it at all (to use your word). It directly pertains to the aforementioned post #17, which was made earlier today. Given its recency, I presume it is still fresh in your memory. However, to provide clarity, I will include a link to the post and quote its content to aid in refreshing your recollection and to provide the needed context. I hope this additional information proves helpful.

17. Yes, and he should have been taken into custody for it at 12:01, Jan. 20, 2021.

https://www.democraticunderground.com/100219895327#post17
 

Think. Again.

(22,456 posts)
50. But post 17 is out of context in this reply...
Tue Jan 14, 2025, 03:38 PM
Jan 2025

....you seem to be going out on a limb here.

garland's legacy is trashed by his own inaction, don't let it bother you so much.

emulatorloo

(46,135 posts)
22. Many good points. FWIW, Republicans thought they would never hold power again in the FDR years.
Sat Jan 11, 2025, 07:14 PM
Jan 2025

We gotta stick together and avoid trashing Democrats and their allies.

Happy Hoosier

(9,362 posts)
32. Garlands mistake was dragging his feet.
Tue Jan 14, 2025, 10:14 AM
Jan 2025

He's an intitutionalist, and that's fine in normal times, but these aren't normal times. He failed to recognize that. There was nothing malignant about it. I'm sure he feels he did his duty. But he did not recognize that his duty to protect the Republic outweighs his duty to preserve Norms. Now we will have a rapist/felon/traitor in the White House. That is a failure of leadership.

I also fault Biden to an extent. I do not beleive he should have allowed the DoJ to just grind along. He too was too much an institutionalist on this matter, IMO. He wanted to avoid appearing to apply inappropriate political pressure. But they still accused him of that, so what good did it do?

 

Think. Again.

(22,456 posts)
3. Is this article trying to say that only garland OR roberts could be corrupt?
Sat Jan 11, 2025, 02:55 PM
Jan 2025

...that they couldn't both be rightwingers at the same time?

LeftInTX

(34,008 posts)
5. I think some of it is anti-Semitism. Probably started by the RW CT from when Obama nominated him.
Sat Jan 11, 2025, 03:01 PM
Jan 2025

Garland is Jewish and his family name was Garfinkel.

gab13by13

(30,957 posts)
7. Marci Wheeler should just quit digging when she is in a hole.
Sat Jan 11, 2025, 03:20 PM
Jan 2025

She has been wrong about Garland's strategy from the beginning. She would gain more respect if she just said, I was wrong.

The J6 committee stated that Garland waited too long. I am taking their word over Marci's.

JanMichael

(25,725 posts)
12. Some people just can't admit they have been dead wrong
Sat Jan 11, 2025, 03:41 PM
Jan 2025

Pride or something else I imagine.

Autumn

(48,704 posts)
14. The fact is that he ran out the clock on trump. But yeah blame DU and anyone else.
Sat Jan 11, 2025, 04:09 PM
Jan 2025

That's not going to change. I didn't read past the first paragraph because I realized the article was written by one of Garlands fans who has been saying the same thing since people started complaining about his inaction.

emulatorloo

(46,135 posts)
20. If you had read past the first paragraph,she makes a thorough argument, dismantling the NYT article point by point.
Sat Jan 11, 2025, 06:48 PM
Jan 2025

No need to read anything you don’t want to. Nor is there any need to comment on articles you haven’t read.

Autumn

(48,704 posts)
24. I read the first "paragraph", that was more than enough for me to form an opinion on
Sun Jan 12, 2025, 08:42 AM
Jan 2025

her BS. Her writing is like a one trick pony with all the the conspiracy theories and only she knows how everything works.

Autumn

(48,704 posts)
25. Here. Enjoy this, send it to your friends. Timing was everything. Fuck Garland
Tue Jan 14, 2025, 09:12 AM
Jan 2025
https://www.nbcnews.com/politics/justice-department/justice-dept-sends-congress-jack-smiths-report-trumps-effort-overturn-rcna187492

"To all who know me well, the claim from Mr. Trump that my decisions as a prosecutor were influenced or directed by the Biden administration or other political actors is, in a word, laughable," Smith wrote.

If it wasn't for Trump's election in November that prevented the prosecution from moving forward, the case would have ended in the president-elect's conviction, he wrote.

dsc

(53,297 posts)
15. My major problem with him is that after Robert's decision
Sat Jan 11, 2025, 04:09 PM
Jan 2025

and even now, he is pretending that there is some chance for this case to move forward. Those reports should have been written in July and released in July. Had that been done, we might not be where we are now.

kacekwl

(8,843 posts)
18. Where was the investigation of
Sat Jan 11, 2025, 06:28 PM
Jan 2025

all the Republican members who were involved in the insurrection directly or indirectly. What about those who met at the hotel to plan the coup ? So many got away with so much.

dpibel

(3,750 posts)
55. You cannot be serious
Tue Jan 14, 2025, 05:11 PM
Jan 2025

You think that plotting an insurrection at a hotel is "speech or debate in either house"?

Giddoudaheah.

republianmushroom

(22,122 posts)
23. Where was Merrick the Meek and the DOJ ?
Sat Jan 11, 2025, 09:12 PM
Jan 2025

President Trump's staggering record of uncharged crimes

Updated May 16, 2023
As of April 2023, Donald Trump has been credibly accused of committing at least 56 criminal offenses since he launched his campaign for president in 2015. That total only reflects allegations relating to his time in or running for office and omits, for instance, Trump’s criminal exposure for fraudulent business dealings.

https://www.citizensforethics.org/reports-investigations/crew-reports/president-trumps-staggering-record-of-uncharged-crimes/#table

gab13by13

(30,957 posts)
27. Our DOJ is the most powerful investigative agency in the world.
Tue Jan 14, 2025, 09:40 AM
Jan 2025

1. If DOJ had begun its investigations in a timely manner (see the Jack Smith report) there would not have been a need for the J6 select committee.

2. The greatest investigative agency in the world went crawling on hands and knees to the J6 committee begging it to turn over to them the evidence it had uncovered.

3. With its limited resources the J6 committee was miles ahead of DOJ in investigating Trump and his insurrection.

4. Jack Smith said it, Trump would have been convicted of serious crimes had he been prosecuted in a timely manner

Ocelot II

(128,707 posts)
28. Assuming Garland had acted sooner, would the outcome really have been different?
Tue Jan 14, 2025, 10:07 AM
Jan 2025

I'm asking this not in defense of Garland, but because I am wondering whether the eventual result - the Supreme Court's immunity decision - wouldn't have just come sooner as well, and would still have prevented a trial before the election? Say the Trump indictments had come out a year earlier, starting in August of 2022 instead of August of 2023. Presumably Trump would have moved to dismiss the indictment in December of 2022, and the case would have made its way to SCOTUS on about the same timeline, but a year sooner, at the end of the 2023 term. At this point the case would have gone back to the district court for Judge Chutkan to decide which counts of the indictment should be dismissed according to SCOTUS' decision. Smith (if he had been handling the case, or another team if no special prosecutor had been appointed) would likely have filed a superseding indictment, just as he did in 2024. And that new indictment would have been challenged as well, and appealed for as long as possible - maybe all the way back to SCOTUS, and maybe long enough to prevent a trial from occurring before November of 2024. Smith didn't get much farther than the superseding indictment, dated July 27, 2024, which gave him only about 4 months to get the case prepared and tried - an impossible task. If he could have started over a year sooner, would there have been a trial, or would he still be stuck in the appellate process by November of 2024?

Maybe if Garland had started the process a year earlier (I'm not sure the investigation could have been completed much before then), Trump could have been tried and possibly, though not certainly, convicted before the election, although appeals would continue and it's doubtful he'd have ever gone to prison, regardless. We might never know why Garland didn't move more expeditiously. But given the glacial pace of the appellate process I'm not sure the eventual outcome would have been different. So I would agree that at least some of the blame can be laid at Roberts' feet. SCOTUS' decision might prove to be their most democracy-destroying act since Citizens United.

 

Think. Again.

(22,456 posts)
30. If the trump prosecutions had started in a timely manner...
Tue Jan 14, 2025, 10:13 AM
Jan 2025

...Smith's observation that the only thing keeping trump out of prison was the election, would never had been made.

Ocelot II

(128,707 posts)
34. Maybe. But he actually was a 34x convicted felon at the time of the election,
Tue Jan 14, 2025, 10:21 AM
Jan 2025

and he got elected anyway. It's possible that the federal prosecution, had it been allowed to continue, would have had more impact on voters than the NY case. But even if Smith's case had gone to trial before the election and Trump had been convicted, he wouldn't have been in prison by 11/5/24; he'd be out on OR pending appeal, spreading lies and gaslighting MAGA, which would have voted for him anyhow. If he hadn't been elected he might have been given a short sentence at a minimum security prison once all the appeals were concluded several years later.

travelingthrulife

(4,160 posts)
33. 'follow the money turned out to be a dry hole'
Tue Jan 14, 2025, 10:19 AM
Jan 2025

I don't think we know that at all.

Either way, now we have a felon for Pres.

thebigidea

(13,554 posts)
38. I have had enough of her arrogant bullshit. She has no special expertise, no contacts at DOJ, no relevant experience
Tue Jan 14, 2025, 11:31 AM
Jan 2025

She can't even take divergent opinions on her blog posts without Rayne deleting or threatening or pretending that posting a paragraph on her blog is somehow a DDS attack and threatens security. Total amateur hour bullshit.

No thanks. I've gained absolutely nothing from reading her endless rambles since 2016. It's over in 2025. Pass.

 

Blue_Tires

(57,596 posts)
48. It's the holes in the Swiss cheese lining up
Tue Jan 14, 2025, 03:00 PM
Jan 2025

Garland isn't 100% responsible but he does have some culpability....

And I have no fucking idea at all what role "failed democratic consultants" supposedly played in this 🤨

Scrivener7

(58,027 posts)
56. Oh, look. It's Saint Marcy Emptywheel, patron of Merrick Garland and friends.
Tue Jan 14, 2025, 05:56 PM
Jan 2025

Tell us, Marcy, tell us how Jack Smith has it all wrong.

Response to emulatorloo (Original post)

 

Blue_Tires

(57,596 posts)
58. I've been pleasantly impressed with Wheeler
Tue Jan 14, 2025, 08:28 PM
Jan 2025

Ten years ago I thought she was going to go full horseshoe like her former partners Greenwald and Scahill

Latest Discussions»General Discussion»THE OPPORTUNITY COSTS OF ...